Gorev V. The freedom of contract as the general basis of civil legislation of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U005042

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

06-12-2007

Specialized Academic Board

К 26.500.01

Essay

The dissertation is devoted to research of the freedom of contract in civil law of Ukraine. It is based the freedom of contract as the general basis of civil legislation is to be considered a principle, concerning to all civil canons and relations, if other is not fixed directly in the civil legislation, doesn't follow from its content or from substance of appropriate civil relations. Its main signs and displays are found out. It is proved that at the stage of making contract and after its abatement (as contractual obligation) it is a legal fiction. The author states his own approach to understanding of the legal nature of restrictions of contractual freedom and the mechanism of establishing them. It is concluded they are not only the limits of exercising rights of participants of contractual relations, but also the limits of exercising their legal interests. Their classification has been added. Special attention is paid to research of problem aspects of display of the freedom of contract at the stageof making contract and the stage of its execution. Proposals on perfection of legislation and law enforcement in the sphere of making, revising and canceling civil contracts have been formulated. Key words: freedom of contract, principles of civil law, general basics of civil legislation, freedom, restrictions, limits, contract.

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